unlawfulcharges.comWhat Zappos.com appears to do
Zappos.com, like many shopping sites, loads code written by outside advertising companies. That code runs in your browser while you shop. You cannot see it on the page.
It appears that code from Bing, Google Ads and Meta runs on Zappos.com and sends data back to those companies as shoppers browse.
It also appears that words typed into the site's search box are sent to Bing, which is Microsoft's advertising system, and to Google Ads.
This does not appear to be new. At times, the site appears to have loaded code from Criteo, ID5 and Snap too, and search terms appear to have reached Criteo and Snap as well. Search terms still appear to reach Microsoft and Google.
Why your searches matter
What you type into a store's search box is a message to the store. It tells the store what you want to buy. It might be a shoe size, a brand, or something more personal, like a medical boot or a product for a health condition.
When that text is copied to an advertising company, the store is no longer the only one reading your message. Advertising systems use information about what people look at and search for to decide which ads to show them.
Most shoppers have no way to know this is happening.
The cookie banner
The site's cookie banner appears to offer two choices: "Customize Cookies" or "Accept." There does not appear to be a button on the banner to reject tracking.
If you clicked Accept, you may still be able to join. We look at what the site told shoppers, when the tracking began, and what choices shoppers were given.
Who may be able to join
This investigation is for California residents. You may be able to join if:
- You live in California now, or lived there when you used Zappos.com.
- You searched, browsed or shopped on Zappos.com.
- You did not agree to let Zappos share what you typed with outside advertising companies.
We are investigating whether Zappos.com's tracking broke California law. We have not reached a conclusion.
Recent visits matter most, so it is best not to wait.
Zappos is owned by Amazon. If you shop on Zappos.com through an Amazon account, the email address on that account is the one to give us.
You do not need receipts, and you do not need to remember whether you saw a cookie banner. Signing up takes about a minute. There is no upfront cost. We work on contingency and are paid only if you recover.
The legal basis
Why this may be illegal
It appears that code from Bing, Google and Meta runs on Zappos.com and sends data to those companies. Words typed into the Zappos search box appear to be sent to Microsoft's and Google's advertising systems. At times, more advertising companies also appear to have received search terms. The site's cookie banner appears to offer "Customize Cookies" or "Accept" with no button to reject tracking.
The law
California law prohibits letting outside companies read or learn what you type or send to a website while it is in transit, unless everyone taking part in the communication consents. When you search on a store's website, you are communicating with that store. You did not agree to have advertising companies receive a copy of your words. California law lets people whose communications were read this way bring a claim and seek damages without proving they lost money. This investigation is limited to people who live in California.
What you could recover
Claims provide for statutory damages provided by California law. We cannot guarantee results but we believe these cases are strong.
How your claim would be handled
Claims like this are handled as individual arbitration cases — private proceedings, no courtroom. For Zappos.com (Amazon), cases are typically administered through JAMS.
Think you're affected? Check if you qualify and sign up in about two minutes — no upfront cost.
Check if you qualifyFrequently asked questions
What does Zappos.com appear to do?
It appears that code from Bing, Google and Meta runs on Zappos.com and sends data to those companies. Words typed into the Zappos search box appear to be sent to Microsoft's and Google's advertising systems. At times, other advertising companies also appear to have received search terms.
Do I need to prove I lost money?
No. California law lets people whose communications were read without consent seek damages without proving they lost money.
Why only California?
This investigation relies on a California privacy law that protects people who live in California. If you live in California now, or lived there when you used Zappos.com, you can sign up and we will review your situation.
What information do you need from me?
Your name, email and phone number, and a few yes-or-no answers. The form also asks for the email address on your Zappos or Amazon account and your mailing address. Both help us identify your account and present your claim, but neither is required to sign up. If you qualify, we may later ask you to review and sign a few documents.
Does it cost anything?
No. There is no upfront cost. We work on contingency, which means we are paid only if you recover money. If there is no recovery, you owe us nothing.
I clicked Accept on the cookie banner. Can I still join?
Yes, you can still sign up. Clicking a banner button does not answer every question about what you agreed to. We look at what the site told you, when the tracking started and what choices the banner gave you. The site's banner appears to offer "Customize Cookies" or "Accept" with no button to reject. We will review your situation.
Do I need receipts or other proof?
No. An order confirmation or account email helps if you have one, but you can sign up without it.
What is Maginnis Howard?
Maginnis Howard is a consumer protection and personal injury law firm. You can learn more about us at www.carolinalaw.com. For other questions, contact us at unlawfulcharges@carolinalaw.com.
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